Deboe's Admr. v. West Ky. Coal Co.
Decision Date | 22 October 1926 |
Citation | 216 Ky. 198 |
Parties | Deboe's Administrator v. West Kentucky Coal Company, et al. |
Court | Supreme Court of Kentucky |
1.Master and Servant — Employer Not Operating Under Workmen's Compensation Act is Not Liable for Employee's Injury, in Absence of Negligence (Workmen's Compensation Act).— Where employer does not operate under Workmen's Compensation Act(Kentucky Statutes, sections 4880-4987), although he cannot rely on negligence or assumption of risk by employee or fellow servant's negligence, some negligence on employer's part must be shown in suit for employee's death.
2.Master and Servant — Evidence Held Insufficient to Show Negligence of Employer of Hoisting Engineer, Electrocuted when he Climbed on Transformer.— Deceased was hoisting engineer in coal mine, unskilled in use of electricity.Electric power was interrupted, and employer sent him to see electric company's men to find out what was wrong.Men were not at transformer, and he climbed on transformer to do something, and was killed.Employer was not operating under Workmen's Compensation Act(Kentucky Statutes, sections 4880-4987).In action for employee's death, evidence held insufficient to show any negligence on employer's part.
Appeal from Webster Circuit Court.
HENSON & TAYLOR for appellant.
RAYBURN & WITHERS for appellees.
Affirming.
C.A. Deboe, as administrator of Charles Ray Deboe, sued the West Kentucky Coal Company and Richard Gregory, its mine foreman, for $25,000.00 for the death of his intestate.At the conclusion of the plaintiff's evidence, the court instructed the jury peremptorily to find for defendants.The plaintiff has appealed.Charles Ray Deboe was killed on February 23, 1925, while in the employment of the West Kentucky Coal Company.About a mile and a half from the West Kentucky Coal Company's mine No. 10 there is maintained by the Kentucky Utilities Company a transformer by means of which the voltage is reduced from 33,000 to 2,300, and at this reduced voltage it is then transmitted to and is used by the West Kentucky Coal Company.Young Deboe was hoisting engineer at the mine at that time, and it is claimed that he was unskilled in the use of electricity.There had been some interruption in the supply of electric current and notice thereof had been given to the Kentucky Utilities Company.That company sent some workmen to locate the trouble and make the needed repairs.They found the trouble to be in the high tension line beyond this transformer, and in order to make the repairs these workmen went to a switch which was located still farther from the mines, and opened the switch, thereby cutting off all current from the mine.This occurred about 3:30 in the afternoon.Mr. Gregory said to young Deboe: ...
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West Kentucky Coal Co. v. Shoulders' Admr.
...Stats., sec. 4960; Gibraltar Coal Mining Co. v. Nalley, 214 Ky. 131, 283 S.W. 416; Gatliff Coal Co. v. Sumner, 196 Ky. 592, 245 S.W. 144; Gatliff Coal Co. v. Powers, 219 Ky. 839, 294 S.W. 472;
Deboe v. West Kentucky Coal Co., 216 Ky. 198, 287 S.W. 568; Horse Creek Mining Co. v. Frazier, 224 Ky. 211, 5 S.W. (2d) 1064; Nugent Sand Co. v. Howard, 227 Ky. 93, 11 S.W. (2d) The first insistence of the appellants is that they were entitled to... - Nugent Sand Co. v. Howard
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